A recently published Federal Register Notice confirmed The Department of Homeland Security (“DHS”) will continue to extend Temporary Protected Status (“TPS”) designations for nationals of Nicaragua, El Salvador, Honduras, Haiti, Sudan, and Nepal. DHS is automatically extending the validity of TPS Status and employment authorization documents for beneficiaries from the countries listed above through June 30, 2024.

Originally set to expire at the end of this year on December 31, 2022, the eighteen-month extension “complies with federal court orders in ongoing litigation. Among them is Ramos v. Nielsen, a case in which TPS participants from Haiti, Nicaragua, El Salvador, and Sudan contested the Trump-era termination of the program for their home countries.” TPS beneficiaries from the six countries will be automatically extended provided they meet the registration and documentation requirements as outlined by United States Citizenship and Immigration Services (“USCIS”). Any TPS beneficiary whose application has been denied or withdrawn is not eligible for the automatic extension.

The Biden administration has also issued subsequent, separate TPS designations to Haitian and Sudanese nationals. Specifically, DHS announced a new TPS designation for Haiti for 18 months from August 3, 2021 through February 3, 2023. The registration period for eligible individuals to submit TPS applications began August 3, 2021, and remains in effect through February 3, 2023. Sudanese nationals were also afforded a new TPS designation from April 19, 2022, which will remain in effect for eighteen months, through October 19, 2023. The registration period for eligible individuals to submit TPS applications began April 19, 2022 and remains in effect through October 19, 2023. Registration under the new designations for Haitian and Sudanese nationals is encouraged by DHS for those who are eligible, including nationals currently holding TPS under the prior designation which is subject to litigation.

The automatic extension of TPS will protect approximately 337,000 immigrants from El Salvador, Nicaragua, Nepal, and Honduras through the summer of 2024 from deportation and extend their ability to work. TPS however does not lead to lawful permanent residency, nor does it give any other immigration status.